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Home My WebLink About0515.092, i I :; 1 • . ',: 11 l ...... November 12, 1992 HONORABLE CITY COUNCIL Pal~ Alto, California Amendment to Subdivision .D:-dinance to Improve Jot.. lin€! Removal Process Members of the Council: Re-port in Srief lh~ project is ,proposed subd~vision ordinance t~xt amendment to Chapters 21.08 and 21.44 of the Palo Alto Municipal Code {PAMC). The purpose is to streamline the process of removinq the Tot li"es betwee~ four or fewer parcels in all zone dist~icts, with some limitation Qn total square footage ir.volved. Pursuant to the praposed a.mendment, lot line r-:!molt'als would be accomplished through the approval of a certificate of compliance without requiring a map. The two attadled Planning Cor.rr;ission staff reports further describe the proposed amendmef')t. Planning Comrofssion Actipn On S!ptember 30. 1992, the Planning Commission reviewed this item and directed staff to research the potential of linking the stream1ined certificate of compliance process to specific development applications. The Commission also wanted staff to explore amendm-ents to the ordinance that affect the relative timing of the app1icat'ons. Their concer~ related to the ab~ence cf public reyie~ at the lot line remoyal stage of a redevelopment proje~t. On OCtober 28. 1992, this item returned to the Plallning Comniissiorl 'With a staff report, stating that -a maf1dator) linkage between the proposed certificate of compliance process and sp!cific developmr::nt projects would be pr{)hibited by the State Subdivision Map "ct. Whne a city hiS the .a.bi1ity to conditio[1 ho'W a property may be developed, it cannot condition a lot line removal or lot lir,e adjustment sa as to rnandat~ that de~e1opment Qccur. Staff also explaln~d that, typically, development applications precede merger applications, a~lowing for adequate public~ environmental and design reliiew .. ~dcfit;onal1l', through the proposed lot line removal process, the city mairitains the ability to condition projects to comply ~jth the provisions of Titles 16 (Buildi~g Regulations) and 18 (Zoning) or to facilitate-the re1ocatlor. of existing utilities. infra.st.ructure or ea~ements. CHR:515:91 j The Planning Commjss1~n unanimously voted to recommend approval of the attached ordinance amending Title 21 which would streamline the process of lot line removals beh~H!n four ar felrfer parcels in all ZQr:e districts. R"""QRndat1Qn The Phniifng (onrnisslon recorTr.Iends t~at the City Council adopt the categorical ex~tion ind the proposed ordinance amending Title 21. Respectfully submitt.d, ~ 7l!A.-~~:e ~;e./cU7. KENNETH R. SCHREIBER ;fl Director of Planning and NANC Y MAD[)OX l YTl E "" < Chief Pl.nnlng Offici.l N FLEMING Interim City Manager Community Eny;ronment Attachments: Planning Commission staff reports dated October 23 and September 25, 1992 Excerpt Pl anning Com; ssion Mi nutEs. of 10/28/92 'c: Mr. and Ms. Malmgren 1 2632 Knox Ceve Drive, McKinleyville, tA 95521 (aro Company, c/o Park Ave. Moters, 3290 Park Boulevard, Palo Alto CA 9~30£ Madilyn wood Hutchens and Mari1yn Wood RJosevelt, 3610 Wrightwood Drive, H. Hollywood, CA 91604 Hark ~;Tson, 3400 El Camino Real ~ PaTo Alto, CA 94306 CMR:515:92 ---~- 11/12/92 Page 2 1 I I I i 1 1 1 1 I I October 23, 199~ PLAHNING COI9!ISSION Pilo Alto, C,lifern;a ." (Hy of Talo )llto p ~ 6.:)1 1:;:~,J P~',O ..:..;~. c. 9";3G3 lwenq'rnognt to Subdivislpn Ordinance to Jmpr{lve Process fer lot line ~efi1Q"'iI' Mesbers of the Como!'sion: Repgrt ii"l e"'ief The project is i proposed subdivision ordinance te'.t amendment to Chapters 21.08 and 21.44 of the ~.lo Alto M"nicip.l Code (PAMC). The p"rpos. is to streamline t~e process of removing the lot linES between four Dr fewer parcels 1n ,n zone distr'jcts, wHh some lim'itition on tota1 $quar~ fO{lhge inv~'ved. With the proposed ~ndment. lot line remova1s ~ould be accomplished through the approval of i certif1catf of compliance only. On Septembe~ 30, 1992, the P1anning tommission continued this item to allow staff to review tne posslbil it,)' of tying the approval of certiflcahs of compliance to de~e1opment appllcstions. The (ommiss1on also .anted staff to !~plor~ ame~dm£nts to th~ ordinancf that affect tne relative liming of the applications. SEcause the Subdivlsion Map Act prohibits mandatory linkage of $ubdivisions with deve10pmEnt projects, staff is not reco~~nding changes to the proposed ordinance. Relatignship Between SUbdlvtsion and Develooment Proc~sses Staff hu researched the potential of 1 inking the certificate 'Jf comp1 i ance process wfth specific development appliCations, The subdivision process is aistfnct and separate from the development pr'ocess in that th! owne-r of adjacent parcels has the right to merge those parceh without application for development of the re,"lting property. The Subdivision Map Act prohibit, the mandatory linkagf of parcel mergers with specific de .... elDplTl€nt propcsa1s. The timing of typical rr,erger applications ;affords adeql.iate public review of resultlng development rrojec:ts. In most C-i!ses~ developers SlJbn:it development applicitions prior to in application for part2l ~rger, They want to ·phase the appl'catior.s in order to secure Jpprovar of a devel~pme~t project prior t~ ~rging parcels. This allo~s developers to maintain development flexibility should the orig,nal design proposal be d~njed~ In most cases, approval of a certificate of compliance to merge parcels becomes a condition of the development approval that must be satisfied before issuance of a building permit. ine only case where parcel merger is established without prior approval of a development prcject is where the Owner is anticipating a future de~elopment appltcation. This is Tire for reasons described above and because ~f the P: \.jc\cofc 10/<3/;, Poage 1 """------ .-j uncert,fn nature of the development protess. However, in t~i5 case, pa,cel Merger t~~oU9h i certifi~att 9f ecmp1iance is still subj~ct to compliance w~t~ ,11 previsions of T1tle. 16 .nd 18 PAMC, the P.lo Alto S"bdivisian Ordinonce, and the S"bdhfsi;:,n Hap At;t IS is the elSe with the current process. Any subsequent development of commercia' or multiple-family projects will be subject to conditional "St ~rmit anrl/oT Arch{tecturll Review Board approval~ It .i~i.um, w~fch i~clude public review. Becp!l'Wndation Stiff recocmends that the Planning CommisSion recommend that the City Council ac1.opt the ca.tegorica' e.'I(emption and the proposed ordinance amending Title 21. Respectfully submitted, N(A~ t..t.fJ1-~' '-NAliCv'IWloox l v'iu - C~1.f Pl.nnin9 Offic1al Attachment,: Plann"ing (omission ttaff report dated Septemb~r 25, 1992 cc: Hr. and "s. M.logr.n, 2632 Knox COY, Drive, Mckinleyville, CA 95521 Karo Company, c/o Park Ave. Motors, 3290 Park Boulevard, Palo Alto CA 94306 ....... \QI1c: M~dilyn Wood Hutchens and Karilyn Wood Roosevelt, 3610 Wr;ghtw~od Dr;ve~ N. Hollywood, fA 91604 P: \jc\cofc IO/23/n Pag€ 2 • ="-'--"' __ ~_""';""""'''''''' __ M_-' __ ,......: S.ptember 25. 1992 PLANNING CDHH!SSION Pala Alto. Ca'{fornia Cit~ of Yo 10 )lIto ',0 101: ~(lH':: ~';'l() ALro. C.Ii 94!~3 Amendment to SUbdivi>ion Qrdfnar.;e to Jmprcve Process fD~ Lot Line Removal Members af the Commission: R"Dort ," Srief The project ts ~ proposed subdivision ordinance t!xt amendment to Chapters 21.08 and 21.44 of the Palo Alto "unicip.l Code (PAMe). The purpose is to stream1in! t"e p'nlcess of removing the lot lines between four or fewer parcel s i~ all lon~ districts. with some limitation on total square footage invo1ved. PlJrsuant tD the proposed amendment. lot line !"'emoval$ would be accomplished thro~gh the approval of a certificate of compliance only. Bac:karll:und These amendments are proposed at staff initiation resulting from our customer service efforts and in response to recer.t t~unci1 direction to stre3mline th~ prQce~s of recovif] underlying lot lines ind merging cont'9uoUS parcels far redevelopment. As il r.sult of recommendations inc1uded in a study prepared by Gruen Gr~en + Associates, the City Council directed staff to examine methods of focl11totl.9 lot line remo •• 1. ~ith respect to parcels located a10n9 El Camino Reil, the Gruen Report recommended that the City Rmake an attempt to agglomerate uses by altering their physical positioning or by acquiring add1t;~nil propert,es so that traffic can pull in and park directly in front of commercial facilities offering convenience goods or services.-The need to provide these support services in conjunction with both commer~iai and multiple-fami1y projects is of eqILal imporlanc.e t"rougho!:t the City. as ma.ny prap.erty owners a.ttempt to redevfiop and upg~ade existing facilities. The ~ay in which the City mat facilitate such i combining of parcels is to minimize the time ind cost i~sociat!~ ~ith the lot ljne remo¥al Dr merger process. Current Lot tint Remgval Process for four or Fewer Parce1s turrent1y, approval of i pre1iminary parte1 ~ap is required prier to the processing of a certificate of compliance for lot lin~ remo~als between four or fewer parcels in all zone districts other than R~l and ~-2. Th~ prelimir,~ry parcel l1ap procedure includes a public near;rlg held by the Zoning Administrator and action by the Oirector of Planning and Community Environoent. The Director's deCision is final after a lS-day appeal period. lf an appeal is filed during that period, the map is farwarded to t~e Planning 9 ·25·92 Page 1 , , C~fssiDn for recommendation and to t~e City Council for finai action. On average, an ilppl kat fon for pre1 ilfl'inirjl parc~l map, not ir,cl udi ng an appeal. takes three months La pt·ocess. Depending upon the condftiorls of approval, a certlf1cate of compliancE takes an additional on~ to three months to review, approve and record. tot line removal between four or fewer parcels in the R-l and R-~ z,nes is actomplisned strictly through the certtficate of compliance process, which ;:s not subje<::t to publ fc-hearing or appeal. RtmqVi1 of Underlying lot tihes The most previ;.Ilent reason for iii lot line removal appl ication is in response to the City's requirement to remove underlying lot lines prior to issuante of a ~"ilding permit for any site improvements. In 1187, the City Council adopted an amendment to the PAHC that expedited let line removals between four or f&wer parce1s in t~e R-l I~d R~2 zone districts. T~e purpose of the amendment was to Identify underly;~g lot lines early in the building permit process and have them removed in a ~a~ner that would not cause the homeowner undue delay or .dded ccst. For the past five years. the certifkate of complhncE proct!Si has aided nameowners in removing underl1i~g lot lines wlthout the delay of ar. additiona1 public hearing aSsociated with the subdi~ision map prGcess. Staff believes t~at the same process would achieve the goal of expediting the l~t li,e removal process for commercial and multiple-famjly parctls. It is lri the public interest for underlying 1 at l1nes to be removed in i relatively si~le procedure, prior to Illcwing Site improvements. The current procedure is excessive'ly cumbersome ar~ the subject matter of ~n applicatlon for in-fill development in a built-out ,ommunity is !ntirely noncontroversial. Mere," of Parcels for Hew Dev!lopment The second reason for lot line removal relates more directly to the Gruen Study recommend.tion that pareel ~erger is required to support economically Viable developments and required support facilities $ijch as parking, s~tbacks and other site developm@nt reg~litions. A~ port'ons of the City red€velop, many of tne projetts will include merger of smaller parcels int~ more workable building sites. Agair., it is in the City's interes', to process lot l~ne removals in a timely manner is to not delaj s~ch red€ve1opment. Recent lot line Removal ApRlications The fo11owing are exa~ples of recent lot line removals for commercial propert~es with underlying lot 1ines. The owners of these properties were informed of the need to remove the underlying lot lin~s beneath the existing structures at the time of building pe~lt or ArChitectural Revi!~ Board (ARB) application. These projects re~uired additional discr~tjonary approva1s such as conditional use permit and ARB review which require not;ce, public hearing, and environmental assessment. Each has completed the prel iminary parcel map 9-25-91 Page 1 • process and will fin1sh the ~rger proces$ tj thE city's reccrding of a certificate of complia.nce with th.e CotJr.ty Recorder's Office. 2000 E1 Camin, Re.1: This was a~ ~pplic~t,cn to me~ge four lots loned eN which ~ere pr!V1~us1y delle-loped' as a restaurant (formerly Mountain Mike's Pizza). Pr;~r to receiving approval of a bUilding permit for m;no~ exterior modifications and a conditional use permit for reLlse as Ii de11, the owner of these parcels was require~ to reMOve the underlying lot 1ines. T~e exterior mcdifitatic~s included minor alterations tc the roof and additi~n cf new s;gnage. The preliminary parcel .ap process, including preparation of submittal requ1rem2nts, added fo~r months to this project. 3290 Park Bou1ev.rd: This was an application to mer'g'e two parce1.s zoned CS at a cu("ren!ly operat ing tar dealership (F3~~ Avenue Motors). Prior to rece~~in9 approval of a conditional use pe~it for a ZOO~square-fo~t addition. the owner was required to reaDve the underlyi!'lg lot 1 ines. The prel imjna"'"y parcel map process added three ..,nths to this project. 2515 [1 Camino Real: This is an application to merse fo~r parceis loned fS it a ne~ restaurant (Olive Garden). lnis app'ic~tion included major interior and exterior remodeling and alter&t~on of the ~arling lot. The owner was required to remove the underlying lot lines pri~r to receiving Arcnftectural Review 80ard approval and i building permit. Th! preliminary parcel map process has added three months to this prCject. Recommended Ordjnance Revisjqns Staff recommends that amendments to the subdivision ordinance be made under th2 ittlched proposed ordinal'lte, to allow 10t 1 ine removal between four-or fewer parce1s in all zones. wit~ ~ome lim,tatinns O~ total size, to be a.cc{lmpliS~i!d through a certificate of tompliance as ;s currentiy don! fer the R· J and R-2 zones. This imendment is proposed to streamline th~ apprClval process fo~ parcel ~rger by eliminating the pre1iminary parcel map r'equiremel'lt Wh1c~ includes i. undatory public hearing by the Zoning Admfnistrator. The attached ordinance includes thE pr~pose1 text amendment to Sectian 21.08.070 and various other amerldments required to administer the proposed lot line r~v.l process. The amendment will reduce the proteSs;n9 time for parcel merger5 whilE maintaining the City's ability to assess tl'le effects of individual projects and re:tair, the ability to condition them to comply with litle:s 16 and ]8 or to faci1itate the reloc.tion of existing utilities, 1nfrlstructure or easements. Elimination of tr.e preliminary parcel map requirement will reduce the p~ocessin9 time af a lot line removal by approximately 70 days. However~ the 9-25-92 Pag' 3 · -- shorter proc!.istng period '-li11 not e1il!!inate the City's discretion O""H facn dev:e1opment. At minilr.llm, an Architectural Review Board process, whic~ includes a public nearing, is required for any new devp.lopment, remodel or addtt10n in comm~rcill cr ~ult;p1e-farnl1y zones. Certif1cates (If compHance are processed by the PL~biic Works Department, at a cost of $250. The process includes I per10d in wh~ch the appropriate City departments have the abi1ity to review and comment on the certificate app'ftatiQns~ Those comments, ~en ap~liclb1e, become conditions of approval tnat must be sitisfied prior to, or assured with the posting of i bond after. the recordation of tne certificate (If compliance. The ,Proposed subdivision ordinance amendm9nt will not adv~r5e1y affect the City's abi1ity to revie~ lot 1ine remo~a1 lppli~ltions for consisten,y with City regu1ations and to candition them for ,omplia~ce as allowed under tn~ ordinance. Staff recOftDends that the proposed lot 1 ine removal proce,ss be 1 jmi tee! to situations ..me\~t the tot;.l acreage invDlved does not exce~ fhe acT'!s. Y'f'o1ess loc.ate-d it! the R..], 11.-2, R,E or as zone districts. The five-acre limit is. cons~stent vith the definitiDn Df a minor subdiv1sior. for the purpose of processlng a preliminary parcel map. It is staff's opinion ttat five-acre ltmlt ~ill be rlrely exceeded. However, beca~s~ of the potential size of a commertfll or ~ult1ple~famil~ project developed on a site in excess cf five acres, t~e Planning Commission a~d City CouncIl s~o~ld take final action on such a lot 11ne removil appl1cdti~n under a map. No size 11mit 1S suggested fer the R-l! R-2, R£ or OS lones d~e to the minimum lot size r~qu~rements and lj~jt.d development potential of these zones. Effect of prQPos~d Amendment on Building Potential 6ecause the floor are! and site coverage limitations (or cemmerc1ally zoned properties are straight percentages Df lot area, the merger of commerCial parcels .. i11 not increase the development potenth1 of a ghen area. There .il1 be no net gain Df commercial square footage through parcel mer9~r. In fact, betause some commercial zones. include m,xim~m square footage for particuTir uses on a parce1, merging parcels may reduce the ability to construct sQuare footage for a particular use on iI merged parcel. An ex~inatinn of tnis tonstraint is also a tc~nci1 ls~i9nment to ~ pursued. However~ the proposed amendment on1y expedites the marger of parcels. It does not affect the way in wtJid site t:i.evelcpment reguh.tions apply to resulting parcels . Parcel merger for property locat~d in ~u1t;p1e-family zones is usuallY accomplfshed through a tentative map which merges parcels and resubdivid~s the land (or airspace) in one action. There ire occaSions, however, ~her, a certificate of compliance can expedite the merger Df multiple·family properties for additions ar.d ren".odeh. B<ecause tn"! allowable h.ousing density i$ based on i progressive scale, the merging of paicEls maj increase the number of units for a particular proj€ct. An increaSE in the number of housing units. wlthin allowable denSity regulations, is consistent with the po1i'ies of the Pa10 Alto Comprehensive P1a~. Any developme~t re5ulti~9 from 9-25-92 Page 4 '-.. ., the merger of muHipit-family parcels will continue to be subject to archnedt'ral review and existing sHe development r~9ulations .... hich govern the design and lGcation of site impro~ement~. Californi, Environment" Quality Act The adoption of tne attached ordinance is exempt from tMe California Envfr.naenhl Qu.lity Act "CF.QA') under S.cti'n IS061(b)(3) of the CEQA GUidelines. J1ecO!l!!!@ndat1on Staff recommends that the Planning Commission recommend that the (ity Counli] adopt tne citegorica' elemption and tne proposed ord1nance amendlng Title 21. Respectfully suboltted, (HL..t\lQO (6cSEPIl M. COlOHNA Pllr\ner Att.chaent: Dr.ft Ordinance cc: Mr. and Ms. Malmgren~ 2632 Knox Cove Drive, McKinleyville, C4 95521 Kilro Company, clo ,Park Ave, Kotors, 3290 !)ark Boulevard, Palo Alto CA 94306 Madllyn Wood Hutchens Ind Marilyn Waao' Roose'/elt, 3610 Irtrightwood DriYe, H. Hollywood. CA 91604 p.~ .... 9·25·92 Pag" 5 • .. . .: OP..DINANCE NO. ORDlNA.. ... CE OF 'THE COUNCIL OF "THE"'."'-"C'C1 TY OF PALO ALTO AMENDING TITLE 21 OF TIlE PALO ALTO MONICIPAL CODE [SllBDIVrSIONS] TO PERMIT LOT LINE REMOVALS TO BE ACCOMPLISHED FOR MINOR SUBDIVISIONS IN ALL ZONES 'I'lIROUGH ISSU1.NCE OF CERT!FICJI.TES OF COMPLIANCE , , The Council of thg City of Palo Alto do..s hereby ORDAIN as follows: SECTION 1. Section 21.0e.030 of Chapter 21.05 [Maps Required) of the Pal", Alto Municipal Code is hereby amended to read a.s follows: 2l.. OS. 030 Preliloina..--y pllrcel map and parcel lIIAp. A preliminazy parcel map and a parcel map shall be required fer any mioor subdivision other thaD those referred to in eectiOlli 21. OS. 020, la70'If;~£iJ ~~~1$tffi'~,l5j'.:tfSlf7"" and ether t~ .. alf="'ti1cJS'e ~~f1~d;!ex'eniP'€'e'd"';;"irom"':(~uch requirements by the Subdivision Map Act, unless it is detelnUned by the director of planning and community eDvironment that ·public policy necessitates such maps. A parcel map shall not be required for any subdivision for which the require.!lJent of a _parcel map :t~:S:_,,~eD vai~ ~5uant to sectionS 21. 08. 060i'j,;7t2:l:OS;b'1{)->"CiO:i it~~S2:~'$,~i ~ .. ' "~< ... ~.'-"-."",,~ '-".--""'"' - SECTION 2. Section 21.08.Q50 of Chapter 21.06 of the Palo Aleo MUnieipal COde is hereby amended to read as follows: 21.08.050, Lot line .. ~ju"t:m=te. ~at No tent.ative n.ap, prel iminary parcel map, fioa.l ~p""'or pa.rcel map shall be -l5equired. for ,a:o.ylot line a6.;ustment between two ar more existing iidja;cent parcels where the land taken f rom one parcel 'i's -added to an adjacent parcel and where a greater D~r, of parcels than currently existing is not ~ created. Any such lot line adjustment shall conform to the requirements of the Subdivision Map Act. Title 21 (subdivision ordinance) Title l5" {building ordinance, including prior architectural review board approvals' and Title ~8 (zoning ordinance, including prior approvals pursuant to Ch.g.pters 28.92 and 18.69). The city engineer shall issue and ca,,:,:se to b_e "recorded a cercificate of comoliaoce ;';'r!~~'iL':_,:'::'-cOridi-tional certlfl,/:lii:" <it"eompHanc1Uor thee iovolvedlot'iC' A c6ndit:i,0I;la1' .c~ificate,' o£ 'coropliaace . may' -require ~erl0rt:laJlce of, condi t:ions or e.xact-Lo~, -t.o conform the lo~,:-'.,~ine\ adjustment to Title ~6 and Tit1~ :is or to taeilitat.e tM.-reJ.ocatiollo! .... exi5t1ug. utUities. :i.D£rutrUtXure or easements',in',connection,with the l.ot ."'.q_. _____ -"'~;.",,'_ """,,",-'_'0"""'" ,"" ,,' >'_' "_"",_' __ ",_~v">,,,,,,., ___ ,.., ... _ , .. ,_.,""'"'-'-_> __ .,." -" ,_ • . m~1 An:,: application for.a lO.tl.i!'oe adjustment whl.C1'l 16 net .. ,.1n }~~:~'"~~~~ wl..th ~_~~:f~~; the tieYe req..u.rements pf;~s:1"e=on shall be processed as a minor cr majoi"'""EiU:Ddivisdo.tf'pursuant to this title .. SECTION 3. Section 21.08.0.0 of Chapter 21.0e the Palo Alto Municipal Code is hereby amended to read as follows! 21.08.060 A lot line subdivision or ~;:i,t;~Pt~~t·~ of time for appeal pureua.c.t to C and compliance with all the conditions of approval# the city engiaeer shall issue ~d cause to be recorded a certificate of." compliance tor the involved lots; J5ye. iEteEl, t.ha'e'~ ~~ lieu of requiring completion of all conditions'" of .... approval I '"'the city engineer may issue a conditional certificate of compliance requiring performance of the condit-ions prior to the issuance of any permits for the development of of the such as he SECTION 4. Section 21.09.070 of Chapter 21.06 of the Pale ~..lto Mu.!licipal Code is hereby a.".ended to read as: fo:"'lows: 21.Q8.070 Lot ~ine removal between four or few-e.r parce18~ is b}te R l: ~d R 2 Slene&-o-- t,~~a,:'~\\{CiJ No tenta~ive map~ preliminary parcel map, final"map' or parcel map shall be required for any lot line removal between four, or fewer parcels, in any ,1(,-.:1. *:: R-2} ,.RE: or -os zone'. No -tentative :map. preliminary parcel'<roa-p~ final"map or parcel trap shall ',be ,r~gu.ired ,far _any:,,',lot;' line rell10val between fou.r ex fewer parcels ~,;.,:;~r;/,~~;,~'~,?,ne ,!bere the' 'total a~asr!= involved --~---~-.-. -.... L - ,,; • • • >~ioi.\, !..;;.-.;:/ ' · . i:i,o,~'g' .,not :,"e:x:9,e_ei:1' ~~iii'e, ."acrel:i", Upoo appl i ca tion l the city"engin:eer' sb.all"issue ,and ~ause, to be, re_<:orded, a certificate of compliance ~r,a··:C<;>ridIc.cma:l·,~i:ficate ii.(::~~ll'i.lic~ for ehe illvoloiecr'par'C'el!!(;":""i:f -he," or' Me 'fiiia!f'that . the proposed .... ~ loiO~iiie .r.emova1 eo~lies wit.h all reqt;-irements of tfle'~SUJ:JaI";isicin Map Ac~, this Litle and all other pr~~isions of the Palo Altc MUnicipal Code, including, but not l~~ted to, provisions regarding street frontage and access. improvements and design, floodwater drainage: control, appropriate improved roads, sanithry disposal facilities, water supply avai~ ':"bility and eovironment.al,_ orot.ectir.;~ provided. tnat the f1\C:l'g2f ;rpt~71'il'e<l;'~l; do"s not require an ex:eptioD as a'e'iineif"Irf'th1.'s "title~ for lot width. depth or a~ea. Ii). ··~;cODa!'S:Oifal·< ',:emfiiiiite'·W;c'·· .. ,·,. ·n.nce·;1iii"~'···-···'lr-e ··0· "l!mam:e \Qi<:Oiidirlons \. o .. ,~~10l!S,1I:O:l~~l:he \.,..'#¥l~~~~~tt:,';~~.#~;'t.i~1e.~~:£m~~ ail'.. . dt!4i'e'.;Jo .. Aii~:ti.:6Hn~:;;ri:hthel.o~ 1 ';tte:':-;rE!:D:iOVill::,"""""'-""""":"'''''''~''"-< ',,".,-,--,.' .. ,-" -, ,,'-'.' ,-, ,,"<w';""," 'oV"".'""_' , .. ,-,~.,,, ... 0 •• ,;'". :.v".~·"",,,," -", ". ~".",-" '-<.,,",;' .. '~.' ""-,,-,,. ',,";'" ill:!) Any application for a lot line removal which is ""'not. ,ill c:onf"rmance wi!:h ~rr--Ci~ the e:&etYe require.me:nts 9t.::~ij_~~f(ci,&±,icia shall i?e""'prbcessed as a minor or ma.:f6i'·' ·"sUbd:i'''l.sion pursuant to section 21.08.060. SECT!QN 5. Section 21.08.080 of cr.aptez 21.08 of the Palo Alto MUnicipal Code is hereby ~ended to read as follows~ 21.08.080 Waiver of pareel map require:=ent. A • Upon vr1i t te:n r~!~~3i;gf:;ii~'~~"""'S'~~ ~_~cle,! ~> t.he ~l.rector Of p ann~n9 " ,_'C:,,,, ,',' ty,:~ ell~":I..Z'?~ I:1ay waiv'E:! the requiren-.ent .... ' for-'a "parcel"-'f!1a.p''"·;.iildi:~a:·i"' this title if the di!'ector ef: j:l =.i!'lg' fiDds that the p:i:'opcsed subdivis:1.o;J. complies wi t~all requiremellts of the Subdivie:ion It-'.ap Act. this title and all other proviaions_ of the Palo Alto Municipal Code~ including I but not, limited to, aI"ea, width. deptht and _(rontage requirement:s, ~rovements and deSign, floodwater drainage control, appropriate improved roads, sanitary disposal facilities. water supply avail~ility. and enviro!l!n-ental prot.ectioo. t.hat no improvements or dedications are required in connection ~i~h the subdivision; and that the boundaries of the lot or lots are adequately mon·~enced. A request for approval of a 'Waiver orl: the requirement far a parcel rr.ap const.itutes a request fer a certificate of compliance~ When_ approval has be~~ given for waiver of tlH: parcel mayp requirement, any required tentative map or preliminary parcel map has been finally approved.. and all conditions of such appro .... al have been met.~ the city engineer shall issu@.: and cause to be recorded a certificate of ;:::ompliance. A cond~·_tio.t'-.. l certificate of complian..::e may be issued and recorded if necessary to insure compliance with the conditions of approval. Any waiver of the requirement of a parcel map sball not constitute a Yaiver of the requirement for any tentative map or preliminary parcel map which is otherwise required} and such tentative map or preliminary parcel map shall be submitted and precessed in accordance .... ith the prOVisions of the Su.bdi,"~isioD Map Act and this title and er..all be Subject to:! sucJ;'1 conditions which would otherwise apply. SECTION 6. Section 21.44.010 of Chapter 2LH [Certificates of Compliance1 of the Palo Alto MUniCipal Code is hereby amended to read as follows: 2l..ft.0l.G CertUio.te of oompUlU>ce deUned. A certificate of com}jliance is a document issued by the city engineer for recordation stating. with or vithout conditions. that a certc:.in lot or lots described therein complies with the provisions of this title and the Subdivision Map Act and is a lawfully existing lot or lota. A certificate of compliance may be issued for the folloving purposes: (a) A certificate of compliance eft<r.H. u.ay be issued in lieu of & iri"'~~:Piel:ijilmry'~'~cer~li2p1 f.iffli;;ii€:fVii:#i'!P; parcel jIiiij),g: ~ fiOU" "rii.ip-i il tn,,' c:aseof a""·Iot~,o·'1Iil'e"-"adjustment· pursuant to section 21, SB. 068 'X:'oe';1f5 o:;:gi';,·l.tf.::ihe':,~:ca"'!iof:;:a"'loF"lme"remOVa. 1 l":t':"Uaritfd?l!iecU oll'.2l.;.,4)S,;c()7C:"'·'"-'··"··· ... ,,;-,.' .. , .... ~'<··""'"·"·;(b );:i;A:Ceri::U'icatie -'-at l>"'iij;;1.unce'iMy· be $$iroea',~iii',o:lreu ::bf,"?a: 'parcei" map. ::,j;D'~the, '-case 'of ~"lot Hne 1'E!IIl<l".ral'pU~aD.tto .. e"ti0Il2:t. oa. 0 66," ... , .. , <. . !te) .. A ·.cro'ti:f.icate.o'(compliancie maybe ;lS~eti':: :~~':','li'~lJ'o'''4it:'' -elte,'--"'iii"t' eiti,( '):,fie""O'i'e,'erdlie!!<~:ei" ,,,'of a ~';':~~~:~~~i~iifa ~~rs~o~f~::~~i~~{~i~~~~ ?c! ;~·R8g c' , .... , r(dr A certificate of compliance shall be issued upon re'quest of a property owner for property which has been divided in complia.tlce with any existing p~ovisions of law regulating such divisions or at a time when no such regulations "Were applicable, and which presently constitutes a lawfully eXisting lot or lo~s7~ for the pu~se of ed~ablishing reccrded evidence that the lot or lots are lawfully existing; except that no cer~ificate of compliancE" shall bE issued for any lots merged pursuant to sec~ion 2L 04,040. "{e) A certifica~e of compliance may be issued subject to the provisions set forth in this chapter for a lot not created in compliance with any • \ \ r \ ,.---~ existing provisions of 1 a"'" regulating such divisions, in order to establish such a lot as lawfully exist.ing. ~~ The Council hereby finds that the provisions enacted pursuant to this ordinance are exempt trom the California Environmental Quality Act (·CEQA·) under Section l5061 (b) {3J of the CEQA Guidelines. SECTION S. commencement of the adopeioro. ~ASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATrEST: City Clerk APPROVED AS TO FORM: Thi.s ordinance shall be thirty·first day after APPROVED; Mayor City Manager effective tbe date 00 of Senior Asst. City Attorney Director of ~lancing and Comr:-~uni ty E:lvircnmeJlt. Director of Public W~rk5 the its • , AGENDA ITEM 4 .s.lillj).L\'lilQ!i.JIKD!N~NCE AMENDMENT: $ubdi'ision ordinance tixt amendments to Chapters 21.08 and 21.~4 of the Palo Alto Municipal Code to streamline the process of merging fOIJl" or fewer parce-l s in all zone districts by apprJvai of a certificate of compliance only~ where currently approval of! preliminary parcel map is also required for zone districts other than R-l and R-2. Environmental Assessment: Exempt from the provisions of the California Environmental quality Act. File Nos. 92-ZC-2, 92-EIA·3. (CMl'l\~ss1oners Carrasco and Marsh return to the meeting.) Ch~irman Befcham: Does staff have any comments on this item? Mr. eglonna: Nc comments. Cni!!lrnan Be!ct'iam: Then] ~ill open the public heiiring en Item 4. Herman Mistry. 4164 tl Cam'.D.9.....R~_~l. Palo Alto: r am one of the owners ~f i property in Palo Alto. As you know from the Gruen and Gruen study. they recommen1ed ~arcel mergers so tnat you could facilitate d~velo~nt of sites 0" lands which are bE-ir.g zoned out in the middle of next year. My understGnding of t~is particular change in the ordinance is t~at it will facilitate this process. Upon talking with the ~lanning department. tney indicated that it will faCilitate the lot line removal process, but net necessarily change the zoning. My Question is. in order to reo.lly !!lake-thiS wGrk, I th"·n~ the zoning and the lot line relTh)vil proc~ss should bott'l be addressed, so that potential ir.':i'stors or people wanting to expand into these areas that are going to be zoned out can invest with th~ thought that they. can sJcceed in de~eloping according to their plan. The key que~t;{ln is, is my understanding of wlld.t the planning department told me correct, or are they pretty much going to treat the zoning separately from the lot line ~emGval ~rocess? Ms. lytle: This issues {lnly deals with a simp1iflcatton of our lot merger process. It does n{lt deal with any rezoning actions. CJ'lCiirman Beecham: So any loning *ill be an entire1y separate issue? ML..J..tlJ~: Ye:>l it would be har.dled as a separate issue. Mr. Mistrv: Thank you. Chairmaf'l Beecham: Seeing nc otner speakers, I .. ill close the portion of the nearing and bring it back to the commission. conments? public Any CQtr'Il)issi{lner Cullen: Jje went through this in some detal'l not too long ago. r f!e1 that staff has come back with answers to our questions that are sufficient for me, at least. MOTION: I the:-efore !!love approval !nat we reconane.'ld to tne city councl1 that they adopt the categorical exe~ption for the lot line remo\lal process for fewer parcels, as well as the proposed ordinance amending Ti tle 21. 10/28/92 -i - ·~: By Commissioner Carrasto. Chairman ~echam: Js there any further di scussi on orj thh motil.ln? Commi~sjgner Sc~miQt: 1 ha¥e a question for staff. The certificlte of compliance process still invol¥fs what? 'fo!.: have elimin.at~d the public hearing process. what;s invol¥ed iM the certificate of compliance appllcation? Ms. lytle: There 'is no public hear'rng invol¥ed in i certificate of compliance. All of the hearings for the project~ where these mergers woyld follow, or in the rare instance that a merger came in ahead of time and a project would follo!ll', the publiC he3riflg~ \IIoHl-d be through the architectural review board proct!ss or through the sit! and design proce<:;s Ot' a zone c.nange l Planned Conmunity or oth€Y'Wise, just the nonnal official processes that generally ~ccur. Commissjgner Schmidt: The certificate of compliance precess that we wotJld ef)d up with here still in\lolves, as J r<ecall , a survey that is required and c!rtain other formalities that m~st be adhered to. Ms. lytle: Yes. and the ability to condition. That is correct. It does require the record of survey; it requires a recordation of that; remava1 of the lot line; and we have the ability, through administrat1ve review, to put certain conditions on the property that are necessary, such as dedications or any other type of development conditions that we wo~ld ~orm~11y need in accomplishing that. Cormi$sloner __ s.cnm19t~ I want to emphasize that it does: not eliminate all review of a site. It simplifies it, but there is still tne formality of tethnlcal infofmation about the survey of the propettj, etc~ Ms. Lytle: Absolutely. MOTION PASSES: Chairman Beecham: 1$ there any further discussion on this motion? All those in favor of the motion tnat we recommend that the cit1 council adopt the categorical exemptlon and the proposed ordinance amendin9 Title 21. please say ~ye? A1' opposed? Inat pas5<es on a vote of 7-0. ~vtle: This is scheduled for the city council on November 16, 1992. 10/28/91 ·2· .. <